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High Court of KeralaBail Appl./4925/2015allowed

Rouf v. State Of Kerala

2015-08-20Honourable Mr.Justice Viju Abraham4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Bail Appl..No. 4925 of 2015 ------------------------------- CRIME NO. 733/2014 OF POTHENCODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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PETITIONER(S)/ACCUSED NOS. 3 TO 5:

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1. ROUF, AGED 28 YEARS, S/O. ABDULKAREEM, R.R.R MANZIL, OPPOSITE POWER GRID, PALLIPPURAM, PACHIRA, PALLICHAL VEETTU MURI, PALLIPPURAM VILLAGE.

2. SHAHUL HAMEED @ ANSAL, AGED 23 YEARS, S/O. SHAJAHAN, PUTHAN VEEDU, CHARUVILA, OPPOSITE PANCHAYATH OFFICE, MANGALAPURAM, VAILOOR VILLAGE.

3. RAJESH @ RAJU, AGED 28 YEARS, S/O. RAMAKRISHNAN ACHARI, VARAM BOOTHAKKUZHI VEEDU, AALTTARAMOODU VIA, NEYTTUSALA DESOM, NAGAROOR VILLAGE.

BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMST.LALIZA.T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4925 of 2015 -------------------------------------------- Dated this the 20th day of August 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2. Petitioners are accused in Crime No.733 of 2014 of Puthenthode Police station registered for the offences under Secs.114, 143, 144, 147, 148, 149 and 307 of the Indian Penal Code and Sec.27 of the Arms Act. The prosecution case is that they along with the co-accused attempted to murder the victim by assaulting him with dangerous weapon like chopper and swords.

3. Heard both sides.

4. The petitioners have been in custody since 03.08.2015. The co-accused have already been granted bail. Their further detention is also not necessary for effective investigation. So I am inclined to grant their prayer.

In the result, the bail application is allowed.

1) The petitioners will be released on bail on their executing a bond for

B.A. No.4925 of 2015 2 Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2) They shall appear before the investigating officer between 10.30 a.m.

and 11.30 a.m. every alternate Saturdays for three months or till the final report is filed, whichever is earlier.

3) They shall surrender their passports before the lower court concerned or if they do not have the one, file affidavits to that effect.

4) They shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.

5) They shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

B.A. No.4925 of 2015 3

6) They shall not commit any offence while they are on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge